Irrigation Management Improvement Investment Program (RRP BAN 45207)

Environmental Assessment and Review Framework

Project Number: 45207 August 2013

BAN: Irrigation Management Improvement Investment Program

Prepared by TA 8154: Preparing the Irrigation Management Improvement Program

Irrigation Management Improvement Investment Program (RRP BAN 45207)

ENVIRONMENTAL ASSESSMENT AND REVIEW FRAMEWORK

A. Introduction

1. The Irrigation Management Investment Management Program (the Program) funded through a Multi-tranche financing Facility (MFF) is designed to realize the full production potential of large scale irrigation schemes. This will be achieved through the engagement of third party private sector management supported by rehabilitation and modernisation of infrastructure, to develop highly efficient and sustainable irrigated agriculture. The results will be higher yields, larger irrigated areas and higher cropping intensification including diversification into higher return cropping systems. The executing agency (EA) is the Bangladesh Water Development Board (BWDB). The MFF would provide a maximum loan amount of approximately $150 million in two tranches over 10 years.

2. The Program will have three key outputs: (i) performance based management of irrigated agriculture for selected large scale irrigation schemes; (ii) rehabilitation and modernization of selected large scale irrigation schemes; and (iii) improved program management and institutional development. The Program outputs are described below.

3. Output 1: Performance based irrigation management established for selected large scale irrigation schemes, including:

(i) Engagement of private sector irrigation management operators (IMOs) to manage each of the selected irrigation schemes.

(ii) Establishment of efficient management systems including viable operation and management (OM) cost recovery systems to maximise water use efficiencies and develop sustainable and reliable service delivery of irrigation supplies to meet needs of improved productivity.

(iii) Provision of agricultural support services to enable small farmers to take up more efficient water use, crop diversification through sustainable practices or develop opportunities for increased commercial farming or agribusiness.

(iv) Introducing government reforms to support the long term role of irrigation management operators and cost recovery.

4. Output 2: Irrigation schemes rehabilitated and modernized: The Investment Program will rehabilitate and modernize, irrigation infrastructure including repair of head and cross regulators, canals, ancillary facilities, flood embankments and associated drainage structures. The prime focus will be more efficient and equitable irrigation distribution systems through modernization and introduction of appropriate technologies.

5. Output 3: Strengthened program management and institutional development will include (i) program management, (ii) planning and design for rehabilitation and modernization of selected irrigation schemes, and (iii) institutional development, awareness and training of key stakeholders:

6. The first tranche will be rehabilitation and modernization through a $46 million investment for the Muhuri Irrigation Project (MIP). The second tranche will support the rehabilitation and modernization of the Teesta Irrigation Project and the Ganges-Kobadak (GK) Irrigation Projects. These are large scale irrigation projects; the Teesta barrage irrigation project irrigates 60,000 ha during the dry season. The GK is a pumped scheme which lifts water from

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the Padma River and irrigates 116,000 hectares (ha) during the dry season. The location of the three projects is shown in Figure 1.

Figure 1 Location of Proposed IMIIP Projects

7. Since details of the second tranche are not fully known at this stage this Environmental Assessment and Review Framework (EARF) outlines the environmental assessment and review process to be applied to subsequent tranches. The EARF has been prepared in accordance with requirements of ADB’s Safeguard Policy Statement (SPS 2009). The Bangladesh Water Development Board (BWDB) will prepare the required environmental assessments and obtain ADB’s and the Government of Bangladesh’s (GOB) concurrence prior to implementation. These approvals must be in place prior to finalization of contracts and commencement of work.

B. Assessment of Legal Framework

1. General

8. Bangladesh has a wide range of laws and regulations related to environmental parameters. The most recent and the most important of the environmental laws are the Environment Conservation Act (ECA) of 1995, Environment Conservation Rules (ECR) of 1997 and Environmental Court Act of 2000. The ECR spells out rules and regulations for the enforcement of the ECA. Under the ECR, various development interventions are grouped into three main categories: Green (no environmental assessment required), Orange A (initial environmental examination [IEE] required), Orange B (IEE required) and Red (EIA required) – in

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accordance with increasing potentials for adverse environmental impacts. Both the ECA and the ECR cover a wide range of environmental issues, but they are neither fully comprehensive nor clear, and comprised of ad-hoc rules. A more recent legislation for enforcement has been the formulation of the Environment Court Act of 2000, which is authorized to try cases related to offences under the ECA/ECR. The Cabinet has also approved the Environment Court Bill 2010.

9. As a consequence of the Flood Action Plan, a large planning and research exercise created in response to the extreme 1987 and 1988 floods, the water sector orientation shifted to participatory water management, specifically focusing on the large number of flood control, drainage, and irrigation (FCDI) schemes. The key documents are:

10. The National Water Policy of 1999 marks a fundamental shift from the technical/hydrological approach to water management of the 1980s and early 1990s towards integrating socio-economic factors and environmental aspects of water management. It was passed to ensure efficient and equitable management of water resources, proper harnessing and development of surface and ground water, availability of water to all concerned and institutional capacity building for water resource management. It has also addressed issues like river basin management, water rights and allocation, public and private investment, water supply and sanitation and water needs for agriculture, industry, fisheries, wildlife, navigation, recreation, environment, preservation of wetlands, etc.

11. The National Water Management Plan (NWMP, 2001) defines the Main Rivers as separate planning entity and allocates nearly 25% of the overall funds to the main rivers. The NWMP is strongly focused on implementation and provides a number of detailed investment programs. The WARPO Guidelines for Environmental Assessment of Water Management Projects, 2003 covers the environmental assessment of water resources projects commonly covering one full hydrological cycle.

12. The National Policy for Arsenic Mitigation (2004) provides a guideline for mitigating the effect of arsenic on people and environment in a realistic and sustainable way. It supplements the National Water Policy (1999) and the National Policy for Safe Water Supply and Sanitation (1998) in fulfilling national goals related to poverty alleviation, public health, and food security.

13. The Bangladesh Water Act, 2013 vests the ownership of water resources in the Government of Bangladesh and gives effect to the National Water Policy (NWP) for integrated management, development, utilization, and protection of water resources.

14. Five key policies, plans, and acts cover a broad range of issues related to wildlife, fisheries, forestry and biodiversity:

(i) The Bangladesh Wild life Preservation (Amendment) Act 1974 provides for power of government to declare areas for preservation and defines the different types of areas and the degree of protection.

(ii) The Protection and Conservation of Fish Act (1950) provides protection measures to fish through a number of prohibits and restrictions.

(iii) The East-Bengal Protection and Fish Conservation Act (1950), as amended by the Protection and Conservation of Fish (Amendment) Ordinance (1982) and the Protection and Conservation of Fish (Amendment) Act (1995), provides for the protection and conservation of fish in inland waters of Bangladesh.

(iv) The National Forestry Policy (1994) is a revision of the National Forest Policy (1977) in light of the National Forestry Master Plan. The major targets of the

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Policy are to conserve existing forest areas; bring approximately 20 per cent of the country’s land area under the afforestation program; and increase reserve forest land by 10 per cent by the year 2015, through coordinated efforts of Government and non-governmental agencies, and active participation of the people.

(v) The Biodiversity Conservation Strategy and Action Plan 2004 (BCSAP) is a wide ranging and multi-faceted plan, which is also closely related to the statements set out in the National Environment Policy.

15. The goal of the National Agriculture Policy (1999) and the New Agricultural Extension Policy 1996 is to facilitate and accelerate technological transformation with a view to achieving self-sufficiency in food production and improving the nutritional status of the population. The Land-Use Policy (2001) aims to ensure land use in harmony with the natural environment. The Government has so far signed, ratified and acceded to over 25 environment-related international conventions, protocols and treaties. Some of the notable ones are the Ramsar 2 Convention on Wetlands, Montreal Protocol on Ozone Layer Depletion, Agenda 21, United Nations Framework Convention on Climate Change (UNFCCC) and Kyoto Protocol, Convention on Biological Diversity, and Convention to Combat Desertification. The close relationship between environment and national development planning is embodied in the National Environment Management Action Plan (NEMAP), completed in 1995 with assistance from the United Nations Development Programme (UNDP).

2. Government of Bangladesh Requirements for Environmental Clearance

16. BWDB will be responsible for obtaining regulatory approval of the project from the Directorate of the Environment. The projects under IMIIP which is rehabilitation of an existing schemes is normally considered as a Category Orange project, i.e.category ‘B’ as per Department of Environment (DoE),Bangladesh but might be Category Red depending on the scale of the proposed works. For Category Orange an IEE study would be required or an EIA study if the project is classed as category red. The procedures for clearance are summarised below.

(i). BWDB submit an application to the DG DOE for the environment clearance. A copy of the Feasibility Study DPP would be submitted with the application.

(ii). The DOE will specify what level of clearance is required and will prepare the TOR for any necessary environment studies which maybe IEE for category orange or EIA for category red.

(iii). DOE would provide an interim no objection certificate which would all the DPP to be processed

(iv). BWDB will prepare the necessary environmental studies (EIA or IEE) as specified in the TOR prepared by the DOE

(v). The BWDB will submit the IEE and EIA for approval including the Submission of the Appropriate Fee for the Environmental Clearance Certificate.

(vi). DOE will provide the necessary environmental clearance once the necessary studies are approved. No physical works can commence until environmental clearance is received 3. ADB Environmental Safeguard Requirements

17. ADB has classified projects under four categories depending on the most environmentally sensitive component, including direct, indirect, cumulative and induced impacts in the project's area of influence. The categories are (i) Category A – where projects are likely to

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have significant adverse environmental impacts that are irreversible, diverse or unprecedented. The impacts may affect an area larger than the sites or facilities subject to physical works. Such projects require an Environmental Impact Assessment (EIA); (ii) Category B – where potential adverse impacts are less than those of Category A. Impacts are generally site specific, few if any are irreversible, and in most cases mitigation measures can be designed more readily than for Category A projects. Such projects require an IEE; (iii) Category C, which incurs minimal or no adverse environmental impact and thus does not require environmental assessment, although environmental implications need to be reviewed. Environmental Due Diligence will be adequate for such projects; and (iv) Category FI refers to projects that involve investment of ADB funds through a financial intermediary, and is not applicable to the present Project. The full environmental requirements are provided in the ADBs Safeguards Policy Statement June 2009. A summary of the key requirements are presented in Annex 1.

18. Adequacy of Institutional Capacity: The BWDB is an organization with a dominant technical focus. Non engineering work including environmental management, have received less priority. However, through its engagement in several donor funded projects, the BWDB has demonstrated the will and ability to comply with requirements related to implementation of environmental assessments and management plans. Environmental management of each Project has been implemented through consultants or staff dedicated to project implementation.

19. The Environmental Officer in the Program Management Unit (PMU) will be supported by an international (2 months–intermittent) and national environmental management specialist (6 months- intermittent) from the project management and design consulting (PMDC) team to monitor overall compliance with the EMP. The specialist in the consulting team will also prepare environmental assessment and environmental management plans for the subsequent tranche. Project staff, as well as contractors will be trained on implementation of the EMP. The environmental officer and the specialist consultant will maintain liaison with the Department of Environment (DOE) and other relevant offices. In addition the Irrigation Management Operator will assume day to day responsibility to oversee implementation of the EMP. A safeguard specialist (50 person months- intermittent) is included in the IMO team to lead the supervision of the implementation of EMP by the contractors and lead public consultations as necessary. The specialist will be supported in the field by trained assistant site engineers.

C. Project Activities and Anticipated Environmental Impacts

20. The Program will support rehabilitation and modernization of irrigation schemes and associated infrastructure. The physical work may entail rehabilitation and modernization of, irrigation infrastructure including repair of head and cross regulators, canals, ancillary facilities, flood embankments and associated drainage structures. The following table provides typical environmental impacts associated with this type of investment are:

Negative impacts Proposed mitigating measures Hazards and environmental impacts related to construction activities including: Worker accidents Air, noise, water and soil pollution

Adherence to laws and regulations Watering of working surfaces Covering of trucks and proper storage of construction material to prevent dust emission Provision of sanitary facilities to workers Design a waste collection system for construction wastes/ wastes from worker camps Recruit workers locally

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Conflicts with local population Risk of road accidents Loss of valuable flora along khals Water quality impacted due to increased sediment

Strict enforcement traffic rules Minimize destruction of bank vegetation. Any loss of trees will be compensated with re-planting at 1:3 Schedule works not to disrupt irrigation water supplies Provision of temporary erosion control measures

Impact on fisheries during construction activities.

Impacts would be temporary Introduce appropriate management measures to minimize impacts.

Land acquisition and resettlement

Adherence to the resettlement plan

Pollution and health risks from managing dredged material for irrigation schemes

Ensure proper handling and disposal of desilted material. If tested and found to be of suitable quality can be used in agricultural field as it will have high organic content

During operations deterioration in surface and ground water quality due to increased agro-chemical use including fertilizers and pesticides

Agriculture extension to support timely and correct pesticide application Introduction of integrated pest management

1. Environmental assessment for Subprojects

Environmental Criteria for sub project selection

21. The schemes under the IMIIP will only consider rehabilitation of existing schemes. Preliminary screening of proposed projects should consider the following parameters: (i) projects/subprojects will not be located within national parks, wildlife sanctuaries and nature reserves, or wetlands, unless unavoidable for technical reasons; (ii) locations where monuments of cultural or historical importance are present will be avoided; (iii) potential environmental impacts will be minimized by routing and to avoid sensitive areas; (iv) land clearing of trees will be avoided if possible to the extent possible or will be replaced at a ratio of 1:3; (v) new equipment / facilities specifications shall follow international standards and best practices to avoid use of chemicals causing greenhouse gas (GHG) emissions; (vi) project should not involve any measurable adverse impacts on areas of critical habitat as defined by ADB’s SPS (2009) (reference: Appendix 1, para 28, including footnote 5).

22. The proposed projects/subprojects will be screened for compliance with selection criteria listed above prior to additional analysis. Environmental categories will be assigned using the rapid environmental assessment checklist used by ADB. The checklist is attached as Annex 2 to this EARF.

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2. Preparation of IEEs and EIAs

23. After categorization, an Environmental Impact Assessment (EIA) for Category A Projects, or Initial Environmental Examination for Category B Projects including an environmental management plan (EMP) with implementation budget will be prepared. At least one public consultation will be conducted with local community and potentially affected people during IEE preparation, and two public consultations will be conducted during EIA preparation. IEE and EIAs will be reviewed and approved by ADB and GOB before commencement of construction.

24. The EIA/IEE will consider all potential impacts and risks of the project on physical, biological, socioeconomic (occupational health and safety, community health and safety, vulnerable groups and gender issues, and impacts on livelihoods through environmental media) and physical cultural resources in an integrated way. Impacts and risks will be analyzed in the context of the project’s area of influence, which encompasses (i) the primary project site(s) and related facilities (ii) associated facilities that are not funded as part of the project; (iii) areas and communities potentially affected by cumulative impacts; and (iv) areas and communities potentially affected by impacts from unplanned but predictable developments caused by the project. Environmental impacts and risks will also be analyzed for all relevant stages of the project cycle, including preconstruction, construction, operations, decommissioning, and post closure activities such as rehabilitation or restoration. Assessment will also consider potential impacts on downstream users (if any) who may not be direct beneficiaries of the project. The assessment will identify potential transboundary effects, such as air pollution, increased use or contamination of international waterways, as well as global impacts, such as emission of greenhouse gases and impacts on endangered species and habitats. The environmental assessment will examine whether particular individuals and groups may be differentially or disproportionately affected by the project’s potential adverse environmental impacts because of their disadvantaged or vulnerable status, in particular, the poor, women and children, and indigenous peoples. The EIA/IEE will also consider impacts of climate change on proposed investments including the possible increased levels of methane from increased areas under paddy rice.

25. Environmental Management Plan: EIAs/IEEs prepared under the project will include EMPs that specify monitoring requirements for potential environmental impacts. Monitoring is aimed at assuring performance of mitigation measures, and involves specifying the method of measurement, relevant indicators, frequency of monitoring, and cost and responsible party for undertaking the monitoring. The EMP will form part of the contract documents and if required will be updated during the construction phase. All bid documents will include a requirement to incorporate necessary resources into the contractor’s bid to implement mitigation measures specified in the EMP. It should also include GOB requirements. Where unanticipated environmental impacts become apparent during project implementation, the EIA/IEE including EMP will be updated.

3. Responsibilities and Authorities

26. The executing agency BWDB through the PMU with the support of the environmental specialists in the PMDC team will be responsible for the implementation of the entire environmental assessment and review procedures. This includes, among others, ensuring that the selection criteria are adhered to strictly, the preparation of IEE and EIAs be done in a timely and adequate manner, environmental monitoring and institutional requirements be fully met

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while public consultations be carried out satisfactorily. The EA will submit the categorization checklist, EIA/IEEs, and monitoring reports to ADB for review.

27. BWDB will also be responsible for obtaining regulatory approval of the project from the Department of Environment (DOE). The BWDB will need to apply for an Environmental Clearance certificate from the DOE.

28. ADB will be responsible for regular review and timely approval of checklists and EIA/IEEs. Technical guidance will be provided by ADB to BWDB as needed. ADB will also review periodic monitoring reports and officially disclose the EIA/IEE and monitoring reports on ADBs website.

4. Preparation of Detailed Design

29. Detailed design of 30% of the investment works for Tranche 1 will be prepared by the project preparatory technical assistance (PPTA) consultants. The remaining 70% of the investment will be prepared by the PMDC with the participative design of the pipe distribution by the Muhuri Irrigation Management Operator. Detailed design of the Tranche 2 projects will be by the PMDC in the first two years of the project. Detailed designs will incorporate suitable recommendations of the EIA/IEEs.

5. Preparation of Construction contracts

30. Construction contracts will incorporate the necessary general environmental safeguards and practices, including EMP requirements. Specific, individual contracts will include and will be vetted by the BWDB safeguards team to ensure that EMP requirements are covered within the contract.

6. Environmental Management Plan

31. EMPs will be developed as part of the EIAs and IEEs. EMPs include; (i) proposed mitigation measures, (ii) environmental monitoring and reporting requirements; (iii) emergency response procedures; (iv) related institutional or organizational arrangements; (v) capacity development and training measures; (vi) implementation schedule, (vii) cost estimates, and (viii) performance indicators. Where impacts and risks cannot be avoided or prevented, mitigation measures and actions will be identified so that the project is designed, constructed, and operated in compliance with applicable laws and regulations, and meets the requirements specified in this document. The level of detail and complexity of the environmental planning documents and the priority of the identified measures and actions will be commensurate to the project’s impacts and risks. Key considerations include mitigation of potential adverse impacts to the level of ＿no significant harm to third parties. If some residual impacts are likely to remain significant after mitigation, the EMP will also include appropriate compensatory measures (offset) to ensure that the project does not cause significant net degradation to the environment. Such measures may relate, for instance, to conservation of habitat and biodiversity, preservation of ambient conditions, and greenhouse gas emissions. Monetary compensation in lieu of offset is acceptable in exceptional circumstances, provided that the compensation is used to provide environmental benefits of the same nature, and is commensurate to the project’s residual impact.

32. The EMP will define expected outcomes as measurable events to the extent possible, and will include performance indicators or targets that can be tracked over defined periods. It

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will be responsive to changes in project design, such as a major change in project location or route, or in technology, unforeseen events, and monitoring results. . The project lifecycle will be taken into account in setting the timing of implementation. For example, the EMP will identify environmental mitigation measures that will be implemented in the engineering design for the contract documents, and materials to be avoided in procurement, among others. On the other hand, the location for monitoring will be selected based on where the impacts would occur and the areas affected. To ensure that the environmental management and monitoring plans will be implemented, it is necessary to identify the key management issues to be included as a requirement, either as a grant covenant or conditions for implementing the project. The IMO will prepare and submit monthly reports to the PMU. The PMU will prepare semi-annual monitoring reports to MOWR and DOI.

D. Consultation, Information Disclosure, and Grievance Redress Mechanism

33. During planning and implementation, project beneficiary and affected communities shall be consulted, to ascertain their concerns and needs. The BWDB shall conduct meaningful consultation with affected people and other concerned stakeholders, including civil society, and facilitate their informed participation. The consultation process will (i) begin early in the project preparation stage and be carried out throughout the project cycle; (ii) provide timely disclosure of relevant and adequate information that is understandable and readily accessible to affected people; (iii) be undertaken in an atmosphere free of intimidation or coercion; (iv) be gender inclusive and responsive, and tailored to the needs of disadvantaged and vulnerable groups; and (v) enable incorporation of all relevant views of affected people and other stakeholders into decision making. The consultation process and its results will be documented and reflected in environmental assessment reports. Project information shall be disseminated in local languages and key findings of environmental assessments will be made available to project affected persons and other stakeholders in a form and language understandable. All environmental documents are subject to public disclosure; therefore, these documents will be made available to any member of the public, if requested, and made available on ADB's web site. The IEEs of first tranche will be posted on ADB’s website upon Board approval. The draft EARF shall be posted on ADB’s website prior to Board consideration. For the subsequent tranche, if the project is categorized as A, the draft EIA shall be disclosed 120 days prior to ADB Management consideration of the Periodic Financing Request.. If the second tranche is categorized as B, the IEE will be posted on ADB’s website upon Management approval of the tranche.

34. In addition, The PMU will set up a website and disclose all key project-related information, including the scope, cost, and financial and institutional arrangements of the project, project safeguard reports such as environmental assessment and Resettlement Plans, and project progress such as procurement, contract award and disbursement, and monitoring reports. The PMU will also fully disclose through the website and its information center relevant project-related information, such as subproject cost, cost-sharing arrangement, contractor's name, contract price, progress of construction, financial status of municipalities, through public briefings, bulletin boards, municipal annual reports, etc.

35. Public awareness programs for gender, social, and infrastructure subproject related measures will be implemented by the PMU supported by PMDC during the planning and design stages and each of the project IMOs during the implementation stages. The PMU with the support of the PMDC working with the IMO will prepare a consultation awareness and participation plan (CAPP) within six months of loan signing. The CAPP will be used to guide consultation and awareness building activities under the project to be conducted in parallel with

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physical investment activities. The plan will ensure sufficient consultation and participation with beneficiaries, including women, the poor and vulnerable groups

36. A grievance redress mechanism will be established at each project through the Implementation Coordination Committee (ICC). The Implementation Coordination Committee (ICC) will be established for each sub project of the MFF. The ICC will be under the leadership of the BWDB Zonal Chief Engineer. Members of the ICC will include representatives from the offices of the Deputy Commissioner, the Water Users Federation, Water User Associations, the Rural Electrification Board, Department of Agriculture Extension, and law enforcement. The Irrigation Management Operator for each sub project will also be the member secretary of the ICC. The ICC will deal with field implementation issues that arise related to conflicts, safeguards, security, and more generally concerns about the performance of the implementing parties and would meet four times per year at a location close to each sub project. The PMU with the support of the PMDC will be responsible for the establishment of the ICCs which will need to establish within six months of each periodic financing agreement.

37. The IMO will be responsible for customer relations including grievances. The affected persons (APs) will register their grievances to the appointed person at the IMO Upazila offices office, who will document the complaint in the “grievance register book”. The IMO will be responsible for responding the grievance either directly by resolving the matter, determine the corrective action or take up the grievance with the appropriate authority. A response will be provided to affected party within 7 days. The IMO will use a register to book to list (i) date of grievance registered, (ii) name / address of complainant, (iii) nature of grievance, and (iv) response. In case the IMO is unable to resolve the issue in 7 days, the matter will be forwarded to the office of the water users association (WUA). The corrective action will be carried out as agreed and documented in the grievance register book. The outcome will also form part of the progress reports to the ICC.

38. Where the AP considers the grievance not appropriately resolved than the AP can take the grievance to the WUA who in turn will submit to the ICC who will discuss the grievance with the appropriate committee. If a serious grievance is lodged outside the control of the IMO or the WUA a special ICC meeting can be called. Since the ICC meeting will have to be convened at short notice, at a minimum the IMO and a representative of the WUA, and a community representative should be present. If need be other members will be consulted to help respond within the given time frame. The ICC will prepare a formal, written assessment that describes the complaint and confirms whether the grievance is genuine. A response on the matter will be provided to the APs within 7 days by the ICC in consultation with necessary parties.

39. During the entire process, the alternative to appeal at court will remain open if the complainant wishes. The details and information on use of this grievance redress mechanism will be communicated to the local communities and beneficiaries by the FTTs working in the subproject area.

1. Institutional Arrangements

40. The Project Director for each sub project in the Program Management Unit (PMU) will assume primary responsibility for the environmental assessment as well as implementation of EMPs for their respective components. A safeguards unit will be established in the PMU and will be responsible for environment, resettlement, and any other social development obligations. The officers in the safeguard unit will be supported by the PMDC consultants. The safeguards

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unit will be staffed by the safeguards officers; (i) an environment officer, (ii) a resettlement officer and (iii) a social safeguards/gender officer.

41. The duties of the safeguards unit will include: (i) oversight of construction contractors for monitoring and implementing mitigation measures; (ii) preparing and implementing environment policy guidelines and environmental good practices; (iii) liaising with the environmental agencies to obtain necessary permits/approvals and seeking their help to solve the environment-related issues of project implementation; (iv) providing awareness training on environmental and social issues related to irrigation rehabilitation projects under the IMIIP; (v) preparation of environmental monitoring reports every 6 months for EIAs and once a year for IEEs (as required by ADB). Submission of reports as required by the DOE to meet GOB requirements. The safeguards specialist attached to the IMO will monitor implementation of EMP of any schemes under their supervision. The engineers attached to the field office will be trained to conduct routine monitoring so that they may report any key issues to the safeguards unit of the PMU.(please see figure 1 for project implementation arrangements)

42. The PMDC consultants will prepare the environmental assessment for subsequent tranches. Additional third-party services, for any additional studies, may be employed by the BWDB as necessary.. The division of responsibilities for a particular sub-project is shown in Figure 2 below.

(i) BWDBs’ Responsibilities (supported by PMDC consultants) Determine the environmental category of subsequent tranches and obtain ADB’s

and DOE endorsement on classification. Prepare relevant EIA/IEE reports, including EMPs for sub-projects classified as

category A/B, and submit to ADB and DOE as required for review. Obtain environmental clearance from ADB and DOE for environmental

compliance before awarding any civil works contracts for that subproject. Ensure mitigatory measures stated in the EIA/IEE’s are incorporated in the

project design and EMP requirements are described in the bidding documents. EMP including any specific requirements of DOE shall be incorporated in the contract documents.

During implementation ensure that EMP is been implemented and recommend corrective measures for any unforeseen impacts. The IMO will be responsible for daily supervision while BWDB will engage in periodic monitoring.

Ensure that any grievances from any stakeholders are adequately addressed Submit periodic monitoring reports to ADB and MOWR

(ii) IMO Responsibilities: Implementation of the Environmental Management Plans for each Sub Project will be assigned to the IMO of each sub project. Tasks will include:

Training of contractors in the required EMPs Daily supervision of the EMPs Preparing periodic reports to the PMU Liaise with the WUAs and the ICC to identify and rectify any environmental or social issues relating to the works.

(iii) ADB’s Responsibilities Review proposed classification of tranches and IEE/EIA reports

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Disclose the findings of EIA/IEEs in accordance with ADB’s Safeguard Policy Statement, 2009.

Monitor the implementation of mitigation measures through project review missions, and conduct environmental performance monitoring as necessary.

Figure 2 Environmental Responsibilities

2. Training and Capacity Development

43. Training and capacity building of various parties involved in the implementation and monitoring of project activities would need to be undertaken. The environmental specialists (international and national) of the PMDC will conduct periodic training and awareness on ADB environmental procedures, monitoring of EMP implementation and reporting requirements to project staff attached to PMU and field offices. The IMO safeguards specialist will be responsible to conduct an orientation to the contractors at start of contract on implementation of EMP; this will be followed up by periodic evaluation and briefing sessions.

PMUProgram Management Unit

PMDCProject Management Design consultant

Management Support to PMUSupport of safeguards requirements

IMOIrrigation Management Operator

Overall implemenation of Environmental Management Plan

Training and supervision of contractors environmental responsibilities

Contractors1. Khal excavation, embankment rehabilitation.2. Underground pipe and pumps3. Upgrading of electrif ication4. Repairs and upgrading of structuresEnvironmental responsibilities defined in the contracts

Field Level Environmental Management

Responsibilities delegated to

IMO

3 to 4 years works

contracts

Training andd Supervision

Support PMU to ensure safeguards

compliance.

PMU Project Director Muhuri Superinteging Engineerr BWDB

Feni OM Division

Day to day supervision of safeguards requirements

Environmental

monitoring reports

from IMO

Liaison with Farmers, Water

Users through the

Implementation Coordination

Committee (ICC)

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Project Implementation Arrangements

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3. Monitoring and Evaluation

44. The PMU and field offices, under the guidance of the environmental consultants, and IMO will monitor implementation of the EMP. The contractor will report on implementation of EMP in its progress reports to the IMO and PMU. Quarterly progress review reports submitted by the EA to ADB should include the progress of environmental monitoring and highlight any other environmental issues that may have arisen during implementation, and measures taken to address the issues. In addition the EA shall submit semi-annual environmental monitoring reports for Category A projects, and annual monitoring reports for Category B Projects to ADB, and DOE. The PMU shall ensure that all environmental assessment documents, including the environmental monitoring reports, are maintained systematically as part of the project specific records. Environmental Monitoring reports will be made available to the public and will be posted on ADB’s website. Project budgets will reflect the costs of monitoring and reporting requirements. Use of photographs will be used to support the monitoring process.

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Annex 1 Environmental Safeguards

Objectives: To ensure the environmental soundness and sustainability of projects and to support the integration of environmental considerations into the project decision-making process. Scope and Triggers: Environmental safeguards are triggered if a project is likely to have potential environmental risks and impacts. Policy Principles:

1. Use a screening process for each proposed project, as early as possible, to determine the appropriate extent and type of environmental assessment so that appropriate studies are undertaken commensurate with the significance of potential impacts and risks. 2. Conduct an environmental assessment for each proposed project to identify potential direct, indirect, cumulative, and induced impacts and risks to physical, biological, socioeconomic (including impacts on livelihood through environmental media, health and safety, vulnerable groups, and gender issues), and physical cultural resources in the context of the project’s area of influence. Assess potential transboundary and global impacts, including climate change. Use strategic environmental assessment where appropriate. 3. Examine alternatives to the project’s location, design, technology, and components and their potential environmental and social impacts and document the rationale for selecting the particular alternative proposed. Also consider the no project alternative. 4. Avoid, and where avoidance is not possible, minimize, mitigate, and/or offset adverse impacts and enhance positive impacts by means of environmental planning and management. Prepare an environmental management plan (EMP) that includes the proposed mitigation measures, environmental monitoring and reporting requirements, related institutional or organizational arrangements, capacity development and training measures, implementation schedule, cost estimates, and performance indicators. Key considerations for EMP preparation include mitigation of potential adverse impacts to the level of no significant harm to third parties, and the polluter pays principle. 5. Carry out meaningful consultation with affected people and facilitate their informed participation. Ensure women’s participation in consultation. Involve stakeholders, including affected people and concerned nongovernment organizations, early in the project preparation process and ensure that their views and concerns are made known to and understood by decision makers and taken into account. Continue consultations with stakeholders throughout project implementation as necessary to address issues related to environmental assessment. Establish a grievance redress mechanism to receive and facilitate resolution of the affected people’s concerns and grievances regarding the project’s environmental performance. 6. Disclose a draft environmental assessment (including the EMP) in a timely manner, before project appraisal, in an accessible place and in a form and language(s) understandable to affected people and other stakeholders. Disclose the final environmental assessment, and its updates if any, to affected people and other stakeholders. 7. Implement the EMP and monitor its effectiveness. Document monitoring results, including the development and implementation of corrective actions, and disclose monitoring reports. 8. Do not implement project activities in areas of critical habitats, unless (i) there are no measurable adverse impacts on the critical habitat that could impair its ability to function, (ii) there is no reduction in the population of any recognized endangered or critically endangered species, and (iii) any lesser impacts are mitigated. If a project is located within a legally protected area, implement additional programs to promote and enhance the conservation aims of the protected area. In an area of natural habitats, there must be no significant conversion or degradation, unless (i) alternatives are not available, (ii) the overall benefits from the project substantially outweigh the environmental costs, and (iii) any conversion or degradation is appropriately mitigated. Use a precautionary approach to the use, development, and

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management of renewable natural resources. 9. Apply pollution prevention and control technologies and practices consistent with international good practices as reflected in internationally recognized standards such as the World Bank Group’s Environmental, Health and Safety Guidelines. Adopt cleaner production processes and good energy efficiency practices. Avoid pollution, or, when avoidance is not possible, minimize or control the intensity or load of pollutant emissions and discharges, including direct and indirect greenhouse gases emissions, waste generation, and release of hazardous materials from their production, transportation, handling, and storage. Avoid the use of hazardous materials subject to international bans or phase outs. Purchase, use, and manage pesticides based on integrated pest management approaches and reduce reliance on synthetic chemical pesticides. 10. Provide workers with safe and healthy working conditions and prevent accidents, injuries, and disease. Establish preventive and emergency preparedness and response measures to avoid, and where avoidance is not possible, to minimize, adverse impacts and risks to the health and safety of local communities. 11. Conserve physical cultural resources and avoid destroying or damaging them by using field-based surveys that employ qualified and experienced experts during environmental assessment. Provide for the use of “chance find” procedures that include a pre-approved management and conservation approach for materials that may be discovered during project implementation.

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Annex 2 Rapid Environmental Assessment (REA) Checklist for Irrigation

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Climate Change and Disaster Risk Questions The following questions are not for environmental categorization. They are included in this checklist to help identify potential climate and disaster risks.

Yes No Remarks

Is the Project area subject to hazards such as earthquakes, floods, landslides, tropical cyclone winds, storm surges, tsunami or volcanic eruptions and climate changes (see Appendix I)?

Could changes in precipitation, temperature, salinity, or extreme events over the Project lifespan affect its sustainability or cost?

Are there any demographic or socio-economic aspects of the Project area that are already vulnerable (e.g. high incidence of marginalized populations, rural-urban migrants, illegal settlements, ethnic minorities, women or children)?

Could the Project potentially increase the climate or disaster vulnerability of the surrounding area (e.g., increasing traffic or housing in areas that will be more prone to flooding, by encouraging settlement in earthquake zones)?